Writs defective in Solemnities, Whether capable of Support, so as to furnish Action?
Harper v. Jaffray
Date: 19 March 1630 Case No. No. 286.
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Harper, procurator for a Frenchman, pursues John Jaffray in Aberdour for payment of certain franks, whereupon the said Jaffray had got a bond alleged subscribed, and written with his own hand, without witnesses. It was replied, that the bond was subscribed by the defender, and that it was sufficient, according to the custom of Normandy, betwixt merchant and merchant, to give such bonds, and the same was sustained before the judges of that province; which reply the Lords found relevant. 2do, The defender denied the subscription to be his, and seeing the bond wanted witnesses, the pursuer ought to prove the subscription of the bonds to be his. The Lords repelled the subscription, and ordained the defender to improve.
